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Pennsylvania DUI and DWI Legal Questions

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208 legal questions have been posted about dui/dwi by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Pennsylvania DUI and DWI Questions & Legal Answers - Page 4
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DUI/DWI
Pennsylvania

Recent Legal Answers

Can I get in teouble if Penn dot says I don't need ignition interlock when that is part of my sentence

Answered 11 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's possible that NJ has stiffer requirements than PA does on such matters. That being said, lean heavily on your probation officer--he/she can be your best friend or best enemy. Follow their instructions.
It's possible that NJ has stiffer requirements than PA does on such matters. That being said, lean heavily on your probation officer--he/she can be... Read More

Are there alternatives to a third DUI?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
IN my county, house arrest is a possibility. However, you have to go over all of the facts with an attorney to really learn all of you options. You provide too little information here.
IN my county, house arrest is a possibility. However, you have to go over all of the facts with an attorney to really learn all of you options. You... Read More

What will happen when twice in one day, I was caught driving under suspended license, one traffic violation and a DUI?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Don't know what the traffic violation was for so cannot comment on that. The new DUI will be either house arrest/alternative housing or jail and driver's license suspension of at least 1 year if you do not qualify for ARD, plus all the other DUI requirements. Don't know why you were suspended but the two new 1543's, whether they are A's r B's will get you a licenses suspension and if they are B's, a little jail time. You really need to review all the details which you have not given, with an attorney.... Read More
Don't know what the traffic violation was for so cannot comment on that. The new DUI will be either house arrest/alternative housing or jail and ... Read More

What do I need to reinstate after I got a DUI?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I can't really follow your question, you should probably get your driver's record from PennDOT and review it with a lawyer. Generally, you need to serve your suspensions, then fill out a restoration form with PennDot and send the $25 fee in. In order for your suspension to even begin to run, you need to submit your driver's license to them.... Read More
I can't really follow your question, you should probably get your driver's record from PennDOT and review it with a lawyer. Generally, you need to... Read More

What's going to happen? Am I going to be detained and placed under arrest if I just got my summons to my preliminary hearing?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
You won't be required to plead guilty at your preliminary arraignment or preliminary hearing. Generally they always charge 2 or 3 counts of DUI, unless you are a repeat drunk driver, your bond should be nominal or non-monetary. All these questions you have are a reason people seek the help of a lawyer. A lawyer will know if you have a defense, you will not. I would suggest consulting with a lawyer instead of making it a DIY project like replacing a hot water tank.... Read More
You won't be required to plead guilty at your preliminary arraignment or preliminary hearing. Generally they always charge 2 or 3 counts of DUI, ... Read More

Will the DUI be held against me from 2004?

Answered 11 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Probably. Date of conviction to date of new arrest. If you make 10 years, you can get ARD. If less than 10 years, no ARD.
Probably. Date of conviction to date of new arrest. If you make 10 years, you can get ARD. If less than 10 years, no ARD.

While taking dwi tests should you be able to wear your glasses so I can see

Answered 11 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, you should have been able to.   That being said, the field sobriety only helps the officer determine if probable Cause exists, then off for a breathalyzer or blood draw.
Yes, you should have been able to.   That being said, the field sobriety only helps the officer determine if probable Cause exists, then off... Read More

What type of sentence or punishment should she be expecting for a DUI and is there something that can be done to lessen its severity?

Answered 11 years and 6 months ago by Thomas George Landis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: DUI/DWI
She needs an attorney.
She needs an attorney.

Is there a time limit during which I must receive a charge or fine in the mail?

Answered 11 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Without knowing more it is hard to give you a specific answer. However, it sure sounds like you will be arrested for DUI by summons (mail). Do not make statements to the police and get a lawyer.
Without knowing more it is hard to give you a specific answer. However, it sure sounds like you will be arrested for DUI by summons (mail). Do not... Read More

Should I expect some ramifications from hitting the car?

Answered 11 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Potentially, you could be charged via summons (by mail) with a leaving the scene of and accident (titled damage to unattended vehicles or property) and possibly DUI. You have no control over whether you will be charged or not. If you receive a summons for a court date in the mail, take it to an attorney.... Read More
Potentially, you could be charged via summons (by mail) with a leaving the scene of and accident (titled damage to unattended vehicles or property)... Read More

Does the state have a case for DUI if the car I am in is not drivable?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I think you have a defense given those facts and not knowing anything else. This may not prevent the police and DA from filing but it is a trial defense as they cannot prove operation of a motor vehicle or intent to do so.
I think you have a defense given those facts and not knowing anything else. This may not prevent the police and DA from filing but it is a trial... Read More

If I just got my 3rd DUI and I'm still going to court for my 2nd what's going to happen?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Your DA will probably consolidate them if your attorney does not. Assuming you have no defense for the new one. I cannot guess if your DA offers an alternative to jail as I don't practice in your county. Ask a local lawyer what the average deal is for someone in your situation.
Your DA will probably consolidate them if your attorney does not. Assuming you have no defense for the new one. I cannot guess if your DA offers an... Read More

What happens after I was arrested for sleeping in the car while intoxicated?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
It is very possible you may be charged with DUI. Do not discuss the case with the police and see a lawyer. I have had people in a very similar predicament-they pulled over and went to sleep to avoid driving in their condition. The police and DA build a case on the car running and the person being in control because they were in the driver's seat.... Read More
It is very possible you may be charged with DUI. Do not discuss the case with the police and see a lawyer. I have had people in a very similar ... Read More

Should my daughter plead guilty or not?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
No way, if she does she will be subject to a driver's license suspension. Plead not guilty and talk to a lawyer.
No way, if she does she will be subject to a driver's license suspension. Plead not guilty and talk to a lawyer.

If I have a license in another state and get a DUI in another and have to take a safety and treatment program can I take it in my residence state?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
Ask your probation officer of the county that has you on probation.
Ask your probation officer of the county that has you on probation.

What is the statute of limitations on me having to respond to application background checks on job applications for DUI misdemeanors?

Answered 11 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
If you did not get ARD for your DUI, you have a criminal record for a conviction of DUI, a misdemeanor. If you received ARD and your county did not expunge your record (arrest papers, mug shots finger prints), you can hire a lawyer to expunge the record.
If you did not get ARD for your DUI, you have a criminal record for a conviction of DUI, a misdemeanor. If you received ARD and your county did not... Read More

If medical condition prevents proper breath test, are police obligated to take blood or urine sample?

Answered 11 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
I think they just write it up as a refusal. The police have no time or obligation to make medical assessments during an arrest.
I think they just write it up as a refusal. The police have no time or obligation to make medical assessments during an arrest.

Whats my best defence for driving under influence of controled substince and open container

Answered 11 years and 9 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You should seek legal counsel. That being said, you could challenge the legality of the traffic stop. If that fails, you should negotiate with the DA for the best deal possible.
You should seek legal counsel. That being said, you could challenge the legality of the traffic stop. If that fails, you should negotiate with the DA... Read More

What happens if I get a citation for public drunkenness while on probation for a DUI?

Answered 11 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
A citation is a summary offense and can be considered a technical violation of probation. technical violations of probation are not treated as harshly as other violations such as arrests on misdemeanors or felonies. you have an obligation to tell your PO. It would be up to him to detain you. You could also choose not to tell him, and he may not find out about your citation, but if he does he may be more likely to detain you.... Read More
A citation is a summary offense and can be considered a technical violation of probation. technical violations of probation are not treated as... Read More

Will I go to jail for my first DUI with a .131 on my breathalyzer test?

Answered 11 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
A first time DUI, even with a record, if not ARD eligible, should be a short jail sentence or house arrest. So your boyfriend's impression sounds correct.
A first time DUI, even with a record, if not ARD eligible, should be a short jail sentence or house arrest. So your boyfriend's impression sounds... Read More

Retainer refund

Answered 11 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Sometimes. Write a letter to that attorney letting him know you no longer require his services and respectfully request a refund of any unused retainer.
Sometimes. Write a letter to that attorney letting him know you no longer require his services and respectfully request a refund of any unused... Read More

Is it possible to have my record expunged

Answered 11 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
I would contact a West Virginia lawyer; I don't know WV law.
I would contact a West Virginia lawyer; I don't know WV law.

Unhappy with lawyer for DUI/DWI

Answered 11 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes, you can indeed fire him. Check your retainer contract--it may say the retainer is non-refundable. Even so, ask him if he will give you a partial refund.
Yes, you can indeed fire him. Check your retainer contract--it may say the retainer is non-refundable. Even so, ask him if he will give you a partial... Read More

If I am charged with DUI but refused all tests what should I do next?

Answered 11 years and 11 months ago by attorney Steven Fairlie   |   1 Answer   |  Legal Topics: DUI/DWI
Be sure to hire a good lawyer.  The lawyer will use the Preliminary Hearing to determine whether the officer will testify that you actually failed the field sobriety tests even though you think you passed.  If he agrees that you passed then you may have a very good chance of winning your case, but my educated guess is that won't happen.  Then you need a lawyer to analyze all of the factors and defenses in your case and help you to make an informed decision about your next move.  Good luck.  Steve... Read More
Be sure to hire a good lawyer.  The lawyer will use the Preliminary Hearing to determine whether the officer will testify that you actually... Read More

What can I do if I was charged with a DUI when I walked and was not seen in the car I parked?

Answered 11 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: DUI/DWI
As long as you made no admissions, it is a case based on strong circumstantial evidence. Review all the police reports with a local criminal attorney.
As long as you made no admissions, it is a case based on strong circumstantial evidence. Review all the police reports with a local criminal... Read More
DUI/DWI
Pennsylvania

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